Case details

Forces in crash would not have caused injuries, defense argued





Result type

Not present

anxiety, back, brain, brain injury, concussion, head, mental, neck, psychological
On Feb. 27, 2013, plaintiff Blessing Nworisa, a licensed vocational nurse in her 30s, was driving in Los Angeles County when her vehicle was rear-ended by a vehicle operated by Eric Downing. Nworisa claimed to her head, neck and back. Nworisa sued Downing, alleging that Downing was negligent in the operation of his vehicle. Lawrence Taylor was later added as a defendant, but she was ultimately dismissed from the case. Downing conceded liability., Nworisa suffered a concussion and an anxiety attack. She was subsequently taken by ambulance to an emergency room. Nworisa claimed the pain in her neck and back was so bad that she thought she was paralyzed. She also claimed she had pain in her head that felt like an ice pick to her skull. Nworisa was treated and released from the E.R. She then treated with a chiropractor for a few weeks. Nworisa claimed she had $342 in property damage to her vehicle. However, she settled her property-damages claim with Downing. She also claimed that she suffered no residual and that she was able to continue with her work and daily activities. Thus, Nworisa sought recovery of $25,000 in past medical costs, including $22,000 for her E.R. bill and $1,700 for her chiropractic bill. Defense counsel contended that although the plaintiff’s treating E.R. physician testified that Nworisa had evidence of high blood pressure and complained of pain in her neck and back at the E.R., there was nothing was found on Nworisa’s X-rays. The defense’s accident reconstruction expert opined that the impact from the subject accident was equal to forces in everyday life and that there was no way the forces could have caused any of the alleged by Nworisa.
Superior Court of Los Angeles County, Pasadena, CA

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